"OneDigital" means OneDigital Health and Benefits, a division of Digital Insurance, LLC
"OneDigital Website" or "Website" means all websites owned or operated by Digital Insurance, LLC, OneDigital or its subsidiaries, including www.onedigital.com.
"You" and "Your" means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
You shall NOT, without the prior written consent of OneDigital:
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by OneDigital, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Digital Insurance®, OneDigital™ and Simplifying the Health Care Journey are service marks of Digital Insurance, LLC or its affiliates or licensors. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You represent, warrant and covenant to us that
The OneDigital Website may contain links to other websites, and other websites may contain links to the OneDigital Website, such websites not being owned by, or under the direct control of, OneDigital ("Linked Websites"). The linked websites are not under the control of OneDigital, and OneDigital does not endorse, and is not responsible for, the functionality of the links to or from, content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. OneDigital is not responsible for licensing to You any content or application provided by or through a Linked Website, and Your use of content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. You use Linked Websites, and links to and from any third party website, at Your sole risk. For example, OneDigital is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. OneDigital provides links to You only as a convenience.
The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please contact our copyright agent to report the possible copyright infringement at email@example.com.
The Website may contain testimonials from OneDigital customers. Testimonials are not representative of everyone's experience and only provide information about the individual's experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. All testimonials are authentic. Testimonials may be edited for clarity or brevity. All claims have been documented and verified for accuracy. No one has been paid to provide a testimonial on the Website. Individual results will vary.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.This Website may include content provided by third parties, including materials provided by third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by OneDigital, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OneDigital. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
To the Agreement. We have the right to modify this Agreement without notice to You. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications to this Agreement is to cease use of the Website.
To the OneDigital Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the OneDigital Website without notice or liability.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE ONEDIGITAL WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE ONEDIGITAL WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, WILL NOT BE DISCLOSED OR (D) INFORMATION PROVIDED ON THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE.
IN NO EVENT WILL THE ONEDIGITAL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either arty to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to the principles of conflicts of laws.
Jurisdiction and Venue. In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the United States District Court for the Northern District of Georgia. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Georgia in Cobb County.
Waiver of Jury Trial. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY PROCEEDING ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT.
Headings. The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
This website is operated by OneDigital. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.